Minimum Driving Standards (MDS)
and
Driver Disqualification or Exemption
Sections 1.1 through 1.5 of the Fleet Driver and Management Policies and Procedures, effective
11/17/04, specify who may drive a state vehicle. The purpose of the following information is to
provide agencies with guidance on applying the minimum driving standards, driver
disqualification, and/or exemption. The policies referenced reflect minimum requirements and
agencies may have stricter driving standards and criteria for disqualification or exemption.
Only state employees, authorized University of Wisconsin System students and other authorized
agents of the state may drive a state vehicle.
Reviewing driver records
Agencies are to check the driver records of those people who have submitted Vehicle Use
Agreements (VUA). Agencies with direct access to the Wisconsin DOT database will be responsible
for checking their own employees’ driving records. Agencies without direct access will request
that DOA Central Fleet check driving records upon submission of a VUA or prior to hire.
NOTE: The driver record of a potential new hire who must drive a state vehicle in order to
perform routine job duties should be checked for compliance with the Minimum Driving
Standards and driver qualifications prior to the agency offering the position. However, the
agency may offer such a position with a contingency that the person meets the Minimum Driving
Standards and driver qualifications at the time of hire.
Refer to Sections 1.1 through 1.5 of the State Fleet Driver and Management Policies and
Procedures Manual for details on the minimum driving standards. Minimum standards are as
follows:
 Must have a valid operator’s license.
 Must have a minimum of two years licensed driving experience, and
 Must be eighteen years of age.
Driver disqualification includes:
 Three or more moving violations and/or at-fault accidents in the past two years
 An Operating While Intoxicated (OWI)/Driving Under the Influence (DUI) citation within 12
months
Guidance on reviewing the driver records and counting the number of moving violations and/or
at-fault accidents in the past two years is as follows:

An at-fault accident that results in the issuance of a moving traffic violation (such as an
accident and a failure to yield right of way violation) should be counted as at least one
occurrence. Agencies may have stricter driving standards and criteria for disqualification
or exemption.

Multiple moving violations on the same day will have to be researched to determine if they
are separate occurrences or stem from one encounter with law enforcement. Each
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occurrence should be counted as one. Two moving traffic violations issued due to the
same occurrence (such as speeding and deviating from lane of traffic) should be counted
as at least one occurrence. Agencies may have stricter driving standards and criteria for
disqualification or exemption.

An OWI or DUI violation is counted as a moving violation when reviewing entries on a
driver record for a two-year period.

A seatbelt violation issued without any other citations is counted as one occurrence.

A defective speedometer violation is counted as a moving violation.

An underage drinking violation that does not involve driving but that appears on the driver
record should not be counted as a moving traffic violation.

The driver record of a person with an occupational license should be carefully checked for
license restrictions, as they are very specific on the times and reasons the person may
drive. The person’s driver record should also be reviewed to determine whether they meet
the MDS.

A driver abstract from the state of issuance will have to be obtained and reviewed for a
person with an out-of-state license, military license, or international license. The
Wisconsin DOT database tracks only Wisconsin-issued licenses. An agency may obtain
the abstract directly or assist the employee in obtaining it. Consult the following website
that lists all State Departments of Transportation for further information:
http://www.fhwa.dot.gov/webstate.htm. Contact the Minnesota Department of Public
Safety for driver records in Minnesota and the Illinois Secretary of State for driver records
in Illinois. Drivers new to Wisconsin are required to apply for a Wisconsin driver license
within 30 days of establishing residency.
Agencies with access to Fleet Anywhere will enter the necessary driver data into Fleet Anywhere.
Agencies without access to Fleet Anywhere will request DOA Central Fleet to enter necessary
driver data.
As noted above, an agency may be more restrictive in how it counts moving violations and/or atfault accidents on a driver record. The Office of State Employment Relations (OSER) advises that
an agency should be consistent, however, in how it addresses the MDS and driver qualifications
but that one agency may differ from another agency. Each agency needs to determine how it will
notify the person if they are approved to drive; the person cannot assume they can drive just
because they filled out a VUA or were hired.
Denial Notice
If the person does not meet the minimum driving standards or driver qualifications, the agency
[typically the Human Resource (HR) office] sends a denial notice to the individual with a copy to
the person’s supervisor. Suggested language for the denial/disqualification letter is as follows:
You are not eligible to drive a state vehicle. A review of your driving record at the Wisconsin
Department of Transportation has disclosed that you do not meet the State Minimum Driving
Standards for the following reason(s):
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
No valid driver license

Under 18 years of age

Less than two years licensed driving experience

Three or more moving violations/at-fault accidents in the past two years

OWI or DUI violation(s) within the past 12 months
Monthly Driver Notification Report
Drivers must inform their supervisor and agency fleet manager/coordinator in writing, as per the
VUA, whenever they become disqualified under the policies. Any change in the status of a
driver’s record resulting in disqualification or the failure to report such change may result in
rescission of the person’s privilege to drive a state vehicle.
Once a month the agencies will receive the Driver Notification Report from DOT. This report is
generated as a result of an automated review of the driver records of all existing active drivers in
Fleet Anywhere (FA). Each agency is responsible for ensuring that Fleet Anywhere is up-to-date
with their active employees and does not include drivers who are no longer with the agency. The
report is sent to DOA Fleet and the agency fleet offices of DOC, DOT, DNR, UWS and UWMadison. DOA Fleet will redistribute portions of the report it receives to other major vehicle
users that have direct access to the Wisconsin DOT database and that have been delegated this
responsibility. These agencies will be responsible for reviewing the reports of their own
employees.
Agencies that do not currently have access to the Wisconsin DOT database will have their reports
reviewed by DOA Central Fleet. The review process for the reports is listed below:
1. The report indicates if the employee passes or needs to be reviewed for compliance with the
MDS. The agency should sort the report by the various review categories.
2. After the first report is received, the agency will cross check the DOT report with their list of
people who were exempted from the MDS the previous month to make sure these people do
not have something new on their driving record that no longer qualifies them for an
exemption.
3. If the report indicates any of the following four review categories, DOA or those agencies with
direct access to Fleet Anywhere should immediately change the driving status to “inactive”.
The agency will then send the driver name to HR or other designated person, who then sends
a notice rescinding the person’s driving privilege. An agency may choose to review and/or
print the on-line driver record of the person but it is not mandatory or necessary that it do so.
Review – No drivers license (includes expired, suspended or revoked status. People with
out-of-state, military or international licenses will also be listed under this review
category.) The Wisconsin DOT database tracks only Wisconsin-issued licenses. A driver
abstract from the state of issuance will have to be obtained and reviewed at least annually
for a person with an out-of-state license, military license or international license; an
agency may choose to request and review these abstracts more frequently. An agency may
obtain the abstract directly or assist the employee in obtaining it. Consult the following
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website that lists all State Departments of Transportation for further information:
http://www.fhwa.dot.gov/webstate.htm. Contact the Minnesota Department of Public
Safety for driver records in Minnesota and the Illinois Secretary of State for driver records
in Illinois. Drivers new to Wisconsin are required to apply for a Wisconsin driver license
within 30 days of establishing residency.
Review – DUI
The driver’s agency shall immediately investigate whether the offense was committed while
the driver was operating a state vehicle and/or conducting state business. The employing
agency will immediately report its findings to the Bureau of Enterprise Fleet Director,
Division of Enterprise Operations, Department of Administration. The Bureau of
Enterprise Fleet will maintain a record of the findings.
Review – 3 Traffic Violations
Review – Less than 2 years licensed driving experience (does not have to be
consecutive years)
4. If the report indicates the review category Review – 3 Traffic Violations including one or
more accidents, the agency sends the driver name to HR or other delegated person, who then
sends a notice rescinding the person’s driving privilege but providing them with the
opportunity of submitting information which would support that the accident(s) were not their
fault. If the driver does not provide the accident information within seven working days from
the time of notice, agencies with direct access to Fleet Anywhere should change that driver
status to “inactive”. Agencies without direct access will notify DOA to change the status to
“inactive”. An accident may be considered ‘at-fault’ if the driver’s actions contributed to or
directly caused the accident. Just because a citation was not issued to the person does not
mean the accident was not their fault. The agency may also wish to check with their Agency
Risk Manager or the Bureau of State Risk Management (BSRM) for information in the
Property & Liability STARS database on accidents the driver had with state vehicles that may
not have met the accident reporting threshold.
5. Agencies with access to Fleet Anywhere will update driver status in Fleet Anywhere. Agencies
without access to Fleet Anywhere will request DOA Central Fleet to update Fleet Anywhere.
The agency will maintain documentation on any exemptions that are granted. A driver
granted an exemption will remain coded as “active” in FA. Drivers who are marked as
“inactive” in FA by an agency will have consistent documentation entered in the FA
Comments section, to include date/decision maker/reason for denial/disqualification.
6. The agency will maintain a listing of all drivers who have been granted an exemption and
remain “active”. The agencies will provide consistent documentation in the FA Comments
section, to include date/decision maker/reason for exemption or why the driver should
remain active.
Eligibility to reapply again
When a person believes he or she again meets the MDS and driver qualification criteria, it is their
responsibility to complete a new VUA and submit it to their supervisor for review. An agency
may take a role in initiating the person’s completion of a new VUA.
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Criteria for Granting Exemptions for the MDS
The Fleet Driver and Management Policies and Procedures allow for agency risk managers in
consultation with their agency fleet managers/coordinators to grant exemptions to the Minimum
Driving Standards. Approvals for exemptions are to be kept on file at the agency risk
management office. If agencies do not have a risk manager or have not been delegated this
responsibility from BSRM, the request for the exemption should be submitted from the agency
head or deputy to BSRM for approval. Non-delegated agencies should submit all requests for
exemption to BSRM for approval.
All agencies have the option of deciding whether or not to grant exemptions. If a delegated
agency decides to grant exemptions to the MDS, it must apply consistent criteria for doing so in
all cases. A non-delegated agency that decides to request exemptions must also apply consistent
criteria in all cases before submitting requests to BSRM for approval.
The minimum driving standards were created to reduce the exposure for vehicle accidents, which
could result in employee injuries, property damage and liability claims. Employees who have
exhibited poor driving habits by failing to meet these standards increase the potential for
accidents and the State’s exposure to loss. These standards were created to prevent these
employees from driving state vehicles (owned, leased or rented) and thus reducing the potential
for accidents, which may injure other individuals and/or our employees and increase exposure to
the State.
An exemption may be granted for an employee who fails to meet Minimum Driving Standards and
driver qualifications but whose job duties require them to drive a state vehicle. Exemptions
should only be considered for an employee who is required to drive a state vehicle in order to
perform routine job duties and when agency management can provide sufficient controls to
manage the increased risks. Employees who fail to meet Minimum Driving Standards and driver
qualifications and who have not been granted an exemption may drive a licensed state vehicle in
the event of an emergency or if only on state grounds and not on public roads. An emergency
must be declared by the State, an institution or agency management, or exist when the employee
must act in order to prevent injury to self or others. An employee with a valid driver’s license
who fails to meet MDS and driver qualifications and has not been granted an exemption may
drive a licensed state vehicle on state grounds in addition to incidental crossing of public
roadways.
Agencies that have Risk Managers or that have been delegated this responsibility from BSRM
should develop their own criteria that will be used to determine whether an exemption should be
granted upon the request of an employee who fails to meet Minimum Driving Standards and
driver qualifications. The following guidelines should be considered when agencies are
developing their criteria.

Does the past driving record of the employee indicate the employee has been a safe driver
and his/her failure to meet the Minimum Driving Standards and driver qualifications
resulted from unusual driving behavior? Or, conversely, does the past driving record
indicate the employee has been an unsafe driver and has had habitual and severe driving
violations and accidents?

Is driving a state vehicle fundamental to effective performance of assigned work? Should
the employee be restricted to vehicle use on state grounds (not on public roads)? Could
the employee be temporarily assigned other duties or permanently transferred or
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reassigned to a position that would not require driving a state vehicle? Relevant collective
bargaining agreement provisions must be considered, as necessary.

Can the employee fulfill routine job duties while driving a personal vehicle or does the
employee require a specially equipped state vehicle? Should the employee be allowed to
drive their personal vehicle for work?

Can agency management provide reasonable controls to make sure the employee operates
a state vehicle safely and within strict compliance of all state laws and regulations?

Do the control measures considered by management address the violations noted on the
driving record? For example, if the employee was charged with DUI the control measures
should specifically address this issue. The employee must provide evidence of compliance
with any statutory or court imposed requirements such as an alcohol or drug abuse
(AODA) assessment and treatment. If the employee is requesting the exemption the
employee is responsible for complying with the control measures including any costs
associated with compliance.

Do the control measures considered include attendance, participation and successful
completion of any training/education to improve driver’s skill, knowledge, attitude, etc.? If
the employee is requesting the exemption the employee is responsible for complying with
the control measures including any costs associated with compliance.

Has the employee failed to meet Minimum Driving Standards and driver qualifications and
previously been granted an exemption? Employees who have previously failed to meet
Minimum Driving Standards and driver qualifications may only be considered for an
exemption under unique and special circumstances and with agency and/or BSRM
approval.
Exemptions must be documented in writing and outline the terms and conditions of the
exemption. The employee must acknowledge in writing receipt of the written document.
Exemptions must include an affirmative statement by the employee that they will adhere to state
driving laws and take all necessary steps/precautions to drive safely. The exemption terms and
conditions must also address the responsibility of reporting any changes in driving status and
the fact that future violations during the exemption period may result in the exemption being
rescinded.
A sample exemption form follows:
DATE:
AGENCY/CAMPUS:
EMPLOYEE DRIVER:
SUPERVISOR:
____________________
_____________________________________
_____________________________________
_____________________________________
The employee driver named above does not meet the Minimum Driving Standards and driver
qualifications. However, because this employee must drive a state vehicle in order to perform
their job duties, an exemption is being requested.
The employee’s driving record reflects the following issues: (specify the nature of the
violations/accidents)
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______________________________________________________________________________
______________________________________________________________________________
The employee driver agrees that they will adhere to state driving laws, will take all necessary
steps/precautions to drive safely and will immediately notify their supervisor and the agency fleet
manager/coordinator in writing if any additional violations/accidents occur.
The employee driver will successfully complete the following training or other actions by the
date(s) indicated:
Training /Other Actions
Completion Date
___________________________________________
________________
___________________________________________
________________
If the employee driver fails to comply with this exemption, it may be rescinded.
By signing below, the employee driver agrees to comply with the terms listed above.
Employee driver signature:
______________________________________________
_______________________________________________________________________________________________
Subject to the following signatures, this exception is: approved ______ denied ______
Signatures:
FLEET MANAGER/COORDINATOR: __________________________________
STATE AGENCY RISK MANAGER:
__________________________________
BUREAU OF STATE RISK MANAGEMENT (if the agency does not have a risk manager):
__________________________________
Questions should be directed to agency risk management staff or John Vick in the Bureau of
State Risk Management at John.Vick@doa.state.wi.us or 608-266-1866.
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